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The Family Procedure Rules 2010

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Point in time view as at 03/10/2016.

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CHAPTER 2E+WREGISTRATION ETC. OF ORDERS UNDER THE 1950 ACT

SECTION 1E+WInterpretation of this Chapter

InterpretationE+W

32.2.  In this Chapter—

“the clerk of the Court of Session” means the deputy principal clerk in charge of the petition department of the Court of Session;

[F1“the clerk of the court which made the order” means, in the case of a county court in Northern Ireland, the Chief Clerk for the appropriate court in Northern Ireland;]

F2...

[F3“family court order” means a maintenance order made in the family court;]

“High Court order” means a maintenance order made in the High Court;

“maintenance order” means a maintenance order to which section 16 of the 1950 Act applies;

[F4“Northern Irish order” means a maintenance order made by a court in Northern Ireland;]

“the register” means the register kept for the purposes of the 1950 Act;

“the registrar in Northern Ireland” means the chief registrar of the Queen's Bench Division (Matrimonial) of the High Court of Justice in Northern Ireland;

“registration” means registration under Part 2 of the 1950 Act and “registered” is to be construed accordingly; and

[F5“Scottish order” means a maintenance order made by a court in Scotland.]

Textual Amendments

SECTION 2E+WRegistration etc of High Court and [F6family court] orders

Textual Amendments

F6Words in Pt. 32 Ch. 2 Section 2 heading substituted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 78 (with art. 137); S.I. 2014/954, art. 2

Registration of a High Court orderE+W

32.3.—(1) An application for the registration of a High Court order may be made by sending to a court officer at the court which made the order—

(a)a certified copy of the order; and

(b)a statement which—

(i)contains the address in the United Kingdom, and the occupation, of the person liable to make payments under the order;

(ii)contains the date on which the order was served on the person liable to make payments, or, if the order has not been served, the reason why service has not been effected;

(iii)contains the reason why it is convenient for the order to be enforced in Scotland or Northern Ireland, as the case may be;

(iv)contains the amount of any arrears due to the applicant under the order;

(v)confirms that the order is not already registered; and

(vi)is verified by a statement of truth.

(2) If it appears to the court that—

(a)the person liable to make payments under the order resides in Scotland or Northern Ireland; and

(b)it is convenient for the order to be enforced there,

the court officer will send the documents filed under paragraph (1) to the clerk of the Court of Session or to the registrar in Northern Ireland, as the case may be.

(3) On receipt of a notice of the registration of a High Court order in the Court of Session or the Court of Judicature of Northern Ireland, the court officer (who is the prescribed officer for the purposes of section 17(4) of the 1950 Act) will—

(a)enter particulars of the notice of registration in the register;

(b)note the fact of registration in the court records; and

(c)send particulars of the notice to the principal registry.

Notice of Variation etc. of a High Court orderE+W

32.4.—(1) This rule applies where a High Court order, which is registered in the Court of Session or the Court of Judicature of Northern Ireland, is discharged or varied.

(2) A court officer in the court where the order was discharged or varied will send a certified copy of that order to the clerk of the Court of Session or the registrar in Northern Ireland, as the case may be.

Cancellation of registration of a High Court order [F7by the court of registration]E+W

32.5.—(1) This rule applies where—

(a)the registration of a High Court order registered in the Court of Session or the Court of Judicature of Northern Ireland is cancelled under section 24(1) of the 1950 Act; and

(b)notice of the cancellation is given to a court officer in the court in which the order was made (who is the prescribed officer for the purposes of section 24(3)(a) of the 1950 Act M1).

(2) On receipt of a notice of cancellation of registration, the court officer will enter particulars of the notice in F8... the register.

Textual Amendments

F8Words in rule 32.5(2) omitted (22.4.2014) by virtue of The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 79(b) (with rule 137); S.I. 2014/954, art. 2

Marginal Citations

M1Section 24(3)(a) was amended by section 3 of and paragraph 9 of Schedule 3 to the Administration of Justice Act 1977 (c.38).

[F9Cancellation of registration of a High Court order by the High CourtE+W

32.5A.  The Part 19 procedure applies to an application to the High Court under section 24(2) of the 1950 Act.]

Textual Amendments

Application of this Chapter to a [F10family court] orderE+W

32.6.  Rules 32.3 to [F1132.5A] apply to [F12a family court order] as if—

(a)references to a High Court order were references to a [F13family court] order;

[F14(aa)in rule 32.5A, references to the High Court were to the family court;]

(b)where the order is to be registered in Scotland, references to the Court of Session and the clerk of the Court of Session were references to the sheriff court and the sheriff-clerk of the sheriff court respectively; and

(c)where the order is to be registered in Northern Ireland, references to the Court of Judicature of Northern Ireland and the registrar of Northern Ireland were references to the court of summary jurisdiction and the clerk of the court of summary jurisdiction respectively.

Textual Amendments

F12Words in rule 32.6 substituted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204, rules 1, 81(c) (with rule 137); S.I. 2014/954, art. 2

[F15Variation of a family court order: section 22(1) of the 1950 ActE+W

32.6A.  Where a family court order, which is registered in a court in Scotland or Northern Ireland, is varied under section 22(1) of the 1950 Act by the court in which it is registered—

(a)the court officer for the court which made the order will be the prescribed officer to whom notice of the variation must be given under section 23(1) of the 1950 Act; and

(b)on receipt of a notice under section 23(1) of the 1950 Act, the court officer will enter particulars of the notice in the register.

Textual Amendments

Application to adduce evidence: section 22(5) of the 1950 ActE+W

32.6B.—(1) The Part 18 procedure applies to an application under section 22(5) of the 1950 Act where a maintenance order was made by the family court.

(2) The family court will send a transcript or summary of any evidence taken to the clerk of the court in which the order is registered.

(3) The court officer for the court in England and Wales which made the maintenance order will be the prescribed officer to whom any transcript or summary of evidence adduced in the court in Scotland or Northern Ireland must be sent under section 22(5) of the 1950 Act.]

Textual Amendments

SECTION 3E+WRegistration etc. of Scottish and Northern Irish orders

Registration of Scottish and Northern Irish ordersE+W

32.7.  On receipt of a certified copy of a Scottish order or a Northern Irish order for registration, a court officer in the principal registry (who is the prescribed [F16in the High Court] officer for the purposes of section 17(2) of the 1950 Act) [F17or a court officer in the family court (who is the prescribed officer in the family court for the purposes of section 17(2) of the 1950 Act)] will—

(a)enter particulars of the order in F18... the register;

(b)notify the clerk of [F19the court which made the order] or the registrar in Northern Ireland, as the case may be, that the order has been registered; and

(c)file the certified copy of the order and any statutory declaration, affidavit(GL) or statement as to the amount of any arrears due under the order.

[F20(Section 17(3) of the 1950 Act makes provision as to the court in England and Wales to which a Northern Irish order or a Scottish order should be sent, which depends on which court originally made the order.)]

Textual Amendments

[F21Application to adduce evidence: sections 21(2) and 22(5) of the 1950 ActE+W

32.8.—(1) The Part 18 procedure applies to the applications under these provisions of the 1950 Act—

(a)an application to the High Court to adduce evidence under section 21(2) by a person liable to make payments under a Scottish order registered in the High Court;

(b)an application to the family court to adduce evidence under section 21(2) by a person liable to make payments under a Scottish order registered in the High Court under the 1950 Act and registered in the family court under Part 1 of the 1958 Act; and

(c)an application to the family court to adduce evidence under section 22(5) by a person entitled to payments or a person liable to make payments under a Scottish order or a Northern Irish order registered in the family court under Part 1 of the 1950 Act.

(2) The court officer for the family court (being the court in which the order is registered) will be the prescribed officer under section 22(5) of the 1950 Act to whom any transcript or summary of evidence adduced in the court in Scotland or Northern Ireland by which the order was made must be sent.]

Textual Amendments

Notice of variation etc. of Scottish and Northern Irish ordersE+W

32.9.—(1) This rule applies where—

(a)a Scottish order or a Northern Irish order, which is registered in the High Court [F22or the family court], is discharged or varied [F23by the court in Scotland or Northern Ireland]; and

(b)notice of the discharge or variation is given to [F24the court officer in the High Court or in the family court, as the case may be] (who is the prescribed officer for the purposes of section 23(1)(a) of the 1950 Act M2).

(2) On receipt of a notice of discharge or variation, the court officer will enter particulars of the notice in F25... the register.

Textual Amendments

Marginal Citations

M2Section 23(1)(a) was amended by section 3 of and paragraph 8 of Schedule 3 to the Administration of Justice Act 1977.

[F26Variation of Scottish and Northern Irish orders by the family courtE+W

32.9A.—(1) The Part 18 procedure applies to an application to the family court under section 22(1) of the 1950 Act to vary a Scottish order or a Northern Irish order which is registered in the family court.

(2) Where a Scottish order or a Northern Irish order is varied by the family court on an application under section 22(1) of the 1950 Act, the court officer will give notice of the variation to the clerk of the court in Scotland or Northern Ireland which made the order by sending a certified copy of the order of variation.]

Textual Amendments

Cancellation of registration of Scottish and Northern Irish ordersE+W

32.10.—(1) The Part 18 procedure applies to an application [F27under section 24(1) of the 1950 Act] for the cancellation of the registration of a Scottish order or a Northern Irish order in the High Court [F28or the family court].

(2) The application must be made without notice to the person liable to make payments under the order.

(3) If the registration of the order is cancelled, the court officer will—

(a)note the cancellation in F29... the register; and

(b)send written notice of the cancellation to—

(i)the clerk of the [F30court which made the order] or the registrar in Northern Ireland, as the case may be; and

(ii)the court officer [F31of the family court if the order has been registered in the family court] in accordance with section 2(5) of the 1958 Act.

[F32(4) Where a maintenance order is registered under the 1950 Act in the family court, the court officer for the family court is the prescribed officer for the purposes of section 24(2) of the 1950 Act, and in paragraphs (5) and (6) references to the court officer are to the court officer of the family court.

(5) If a notice under section 24(2) of the 1950 Act is received, the court officer will—

(a)cancel the registration of the order; and

(b)send written notice of the cancellation to the clerk of the court which made the order.

(6) Where a maintenance order is registered in the family court under Part 1 of the 1958 Act and the court officer receives a notice of cancellation under section 24(3) of the 1950 Act from the appropriate officer of the High Court, the court officer will—

(a)enter the details of the notice in the register;

(b)cancel the registration under Part 1 of the 1958 Act; and

(c)give notice of the cancellation to the appropriate officer of the court which made the order, being—

(i)the Deputy Principal Clerk of Session, in the case of the Court of Session; or

(ii)the Chief Registrar of the Queen’s Bench Division (Matrimonial), in the case of the High Court of Justice in Northern Ireland.]

Textual Amendments

F29Words in rule 32.10(3)(a) omitted (22.4.2014) by virtue of The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 87(b)(i) (with rule 137); S.I. 2014/954, art. 2

[F33Payments under a maintenance order registered in the family courtE+W

32.10A.—(1) This rule applies where section 22(1A) of the 1950 Act applies and the family court orders that payments under a maintenance order registered in the family court are to be made by a particular means.

(2) The court officer will record on a copy of the order the means of payment that the court has ordered.

(3) The court officer will notify, in writing, the person liable to make payments under the order how the payments are to be made.

(4) Where [F34under section 1(4A) of the Maintenance Enforcement Act 1991] the family court orders payment to the court by a method of payment specified in [F35section 1(5) of that Act], the court officer will notify the person liable to make payments under the order of sufficient details of the account into which the payments should be made to enable payments to be made into that account.

(5) The Part 18 procedure applies to an application under section 1(7) of the Maintenance Enforcement Act 1991 [F36(application from an interested party to revoke, suspend, revive or vary a means of payment order)].

[F37(6) Where the court makes an order under section 1(7) of the Maintenance Enforcement Act 1991 or dismisses an application for such an order, the court officer will, as far as practicable, notify in writing all interested parties of the effect of the order and will take the steps set out in paragraphs (2), (3) and (4), as appropriate.

(7) In this rule, “interested party” has the meaning given in section 1(10) of the Maintenance Enforcement Act 1991.]]

Textual Amendments

F34Words in rule 32.10A(4) inserted (22.4.2014) by The Family Procedure (Amendment No. 2) Rules 2014 (S.I. 2014/667), rules 1, 27(a)(i) (with rule 45)

F35Words in rule 32.10A(4) substituted (22.4.2014) by The Family Procedure (Amendment No. 2) Rules 2014 (S.I. 2014/667), rules 1, 27(a)(ii) (with rule 45)

F36Words in rule 32.10A(5) substituted (22.4.2014) by The Family Procedure (Amendment No. 2) Rules 2014 (S.I. 2014/667), rules 1, 27(b) (with rule 45)

F37Rule 32.10A(6)(7) substituted for rule 32.10A(6) (22.4.2014) by The Family Procedure (Amendment No. 2) Rules 2014 (S.I. 2014/667), rules 1, 27(c) (with rule 45)

EnforcementE+W

32.11.—(1) [F38Subject to paragraph (2), Part 33] applies to an application for or with respect to the enforcement of a Scottish order or a Northern Irish order registered in the High Court [F39or the family court].

(2) The application may be made without notice to the person liable to make payments under the order.

Textual Amendments

Inspection of register and copies of orderE+W

32.12.  Any person—

(a)who is entitled to receive, or liable to make, payments under [F40a Scottish order or a Northern Irish order registered in the High Court or the family court under the 1950 Act]; or

(b)with the permission of the court,

may—

(i)inspect the register; or

(ii)request a copy of any order registered in the High Court [F41or the family court] under Part 2 of the 1950 Act and any statutory declaration, affidavit(GL) or statement filed with the order.

Textual Amendments

[F42Notices and certificates: section 19(4), 20(1) and 24(5) and (5A) of the 1950 ActE+W

32.12A.—(1) Practice Direction 32A contains the form of—

(a)a notice under section 19(4) of the 1950 Act that payments under a maintenance order made by a sheriff court in Scotland or a court of summary jurisdiction in Northern Ireland have become payable through or to any officer or person;

(b)a notice under section 19(4) of the 1950 Act that the payments under a maintenance order made by the family court have, on its registration under Part 2 of the 1950 Act in a court in Scotland or Northern Ireland, ceased to be payable to or through the court or any person;

(c)a certificate lodged under section 20(1) of the 1950 Act as to the amount of any arrears due under a maintenance order made by the family court; and

(d)a notice under section 24(5) or (5A) of the 1950 Act of the cancellation of the registration under Part 2 of the 1950 Act of a maintenance order in the family court.

(2) The court officer will send a notice referred to in paragraph (1)(a), (b) or (d) to the person liable to make the payments under the order at that person’s last known address.]

Textual Amendments

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